Concepts of Crime and Arrest

ARVIND NATH TRIPATHI

DSNLU
 FIR OR COMPlAINT

INVESTIGATION

ARREST

TRIAL

CONVICTION OR ACQUITTAL
CLASSIFICATION OF OFFENCES

Cognizable and non-cognizable

offences.
Bailable and non-bailable offences.
Compoundable and non-
compoundable offences.
Warrant cases and Summon cases.
COGNIZABLE OFFENCE

An offence for which a police officer

May arrest without warrant and
Can investigate without any order or
direction of a Magistrate.
NON-COGNIZABLE OFFENCE

An offence for which there can be

No arrest without warrant and
No investigation without the orders
of the Magistrate.
BAILABLE OFFENCE
An offence wherein bail is granted as a
matter of right by police officer or by
court.
NON-BAILABLE OFFENCE
An offence wherein bail is granted at
the discretion of the court or the
authorities concerned.
COMPOUNDABLE OFFENCE
An offence wherein the accused
enters into an agreement
with the victim of the offence
to pay some gratification or
consideration for not prosecuting the
accused.
NON-COMPOUNDABLE
OFFENCE
An offence which cannot be
compounded.
WARRANT CASE
A case relating to an offence
punishable with
death,
imprisonment for life or
imprisonment for a term exceeding
two years.
SUMMONS CASE
A case relating to an offence which
is not a warrant case
INVESTIGATION
SECTION 2(h)

Includes all the proceedings under the

Code
for collection of evidence
conducted by a police officer
or by any person (other than a
Magistrate) who is authorized by a
Magistrate in this behalf.
 INVESTIGATION
SECTION 2(h)
Investigation of an offence as generally
consisting of-
1.Proceeding to the spot;
2.Ascertainment of the facts an
circumstances of the of the case;
3.Discovery and arrest of the suspected
offender;
4.Collection of evidence relating to the
commission of the offence which may
consist of search and seizure .
INQUIRY

Every inquiry other than trial

conducted by a Magistrate or Court.
It is never conducted by police.
It aims at determining the truth or
falsity of certain facts.
It is a judicial proceeding and oath
can be administered to the persons
to be examined in the course of an
inquiry.
 INQUIRY

Inquiry:
Inquiry means every inquiry, other than a trial
conducted under this Code by a Magistrate or a Court.
The Code permits an inquiry to be made in the
following five cases:
In security proceedings, the Magistrate, on
appearance of the complainant, must inquire into
the truth of the information given by him, and take
further evidence, if necessary. Such inquiry is to be
conducted in the same manner as if Summons case
is tried (Section 116).
 INQUIRY

In disputes relating to land and water,

which are likely to cause breach of peace,
without reference to the merits of the
claims, the Magistrate is empowered to
pursue the statements, documents and
affidavits, hear the parties and conclude
the inquiry and decide the question
whether any, and which, of t he parties
was at the date of the order, in possession
of the property in dispute. (Sec.145)
 INQUIRY

In a cognizable case, on receipt of a report

from the police, the Magistrate may 1) direct
the investigation or 2) proceed to hold a
preliminary inquiry, or depute any subordinate
Magistrate to do so, or 3) otherwise dispose of
the case. (Sec.159)
In the case of a person dying in police custody
and in other cases, a Magistrate may hold
enquiry into the cause of the death of such
person either instead of or in addition to the
investigation by the police officer concerned.
 INQUIRY

On a complaint of an offence is made to the

Magistrate, he may for reasons to be
recorded in writing, postpone the issue of
process for compelling the attendance of
person complained against, and either i)
inquire into the case himself, or ii) direct
inquiry to be made by any Magistrate
subordinate to him, or by a police officer, or
by any other person, for ascertaining the
truth or falsehood of the complaint.
(Sec.202).
Differences between investigation
and inquiry
Investigation done by police or
some person authorized by
Magistrate but Inquiry is made
by Magistrate or Court.
Object of investigation is to
collect evidence and in the case
of Inquiry is to determine the
truth or falsity of certain fact.
Investigation is not a judicial
proceeding but Inquiry is a
TRIAL

The judicial process;

in accordance with law ;
thestageoftrialbegan
afterframing thecharge and;
whereby the question of guilt or
innocence of the person accused
of an offence is determined;
endwiththeconvictionoracquitt
al.
 TRIAL
The Code does not provide the definition for the word
Trial. However, in Strouds Judicial Dictionary, it is
defined as the conclusion, by a competent tribunal, of
the questions in issue in legal proceedings, whether civil
or criminal.

It is the proceedings taken in Court after a charge

has been drawn up, and includes the punishment of the
offender.

In short, it relates to proceedings relating to an

offence before a Court, being the proceedings in which
the Court is empowered to convict or acquit.
ARREST
The restraining of the liberty of mans person or
Arrest means apprehension of a person by legal
authority resulting in deprivation of his liberty.
In order to
compel obedience to the order of a court or
prevent the commission of a crime or
ensure that the person charged or suspected of a
crime may be forthcoming to answer it.
Arrest is when one is taken and restrained from
his liberty.
Case Laws-D.K.Basu vs.State of West
Bengal(1997)1SCC416.
 PROCEDURE FOR ARREST
The word arrest, when used in its
ordinary and natural sense, means the
apprehension or restraint or the
deprivation of ones personal liberty to go
where he pleases. When used in the legal
sense in the procedure connected with
criminal offences, an arrest consists of
taking into custody of another person
under authority empowered by law, for
the purpose of holding or detaining him to
answer a criminal charge and preventing
the commission of a criminal offence. An
arrest, in most circumstances, can only be
made after obtaining the necessary
warrant. A warrant may be executed at
any place in India. Such offences wherein
an arrest can be made only after the
ARREST
Arrest with warrant
In case of non-cognizable offences
Arrest without warrant
In case of cognizable offences
If non-cognizable offence is
committed in the presence of police
officer and the accused refuses to
give his name and address
In case of designing to commit a
cognizable offence which cannot be
otherwise prevented
 ARREST OF PERSONS -1

Section.41. When police may arrest without

warrant
(a) who has been concerned in any
cognizable offence, or against whom a
reasonable complaint has been made, or
credible information has been received, or a
reasonable suspicion exists, of his having
been so concerned; or
(b) in whose possession anything is found
which may reasonably be suspected to be
stolen property and who may reasonably be
suspected of having committed an offence
with reference to such thing; or
(c) who obstructs a police officer while in
the execution of his duty, or who has
 ARREST OF PERSONS-2

(d) for whose arrest any requisition,

whether written or oral, has been
received from another police officer,
provided that the requisition specifies
the person to be arrested and the
offence or other cause for which the
arrest is to be made and it appears
there from that the person might
lawfully be arrested without a warrant
by the officer who issued the
requisition.
Sec.41-A.Notice of appearance before police officer-

The police officer may ,is all cases

where the arrest of a person is not
required under the provisions of sub-
section (1) of section 41,issue a notice
directing the person against whom a
reasonable complaint has been made or
credible information has been received
or a reasonable suspicion exists that he
has committed a cognizable offence to
appear before him or at such other
place as may be specified in the notice .
 SECTION 41(B)AND (C) .
41-B.Procedure of arrest and duties of officer making
arrest.- Every police officer while
making an arrest shall -
(a) bear an accurate ,visible and clear identification of his name
which will facilitate easy identification ;
(b) prepare a memorandum of arrest which shall be -
(i) attested by at least one witness, who is a member of the
family of the person arrested or a respectable member of the
locality where the arrest is made ;
(ii) Countersigned by the person arrested : and
(c) inform the person arrested ,unless the memorandum is
attested by a member of his family, that he has a right to have
a relative or a friend named by him to be informed of his arrest;
41-C. Control room at districts;
41-D. Right of arrested person to meet an advocate of his
choice during interrogation .
 ARREST OF PERSONS-3

Section-42-Arrest on refusal to give name

and residence.
Section-46-Arrest how made.
Section-43. Arrest by private person and
procedure on such arrest.-
non-bailable and cognizable offence
Section-44. Arrest by Magistrate

Section-43. Arrest by private person and

procedure on such arrest.-
non-bailable and cognizable offence
Section-44. Arrest by Magistrate
POWERS FOR MAKING ARREST
Power to use reasonable force
Power to search for the accused
Power to obtain the assistance of any
person
Power to direct a subordinate officer
to effect the arrest
Power to re-arrest a person who has
escaped from custody.
AFTER-ARREST PROCEDURE
Give Information regarding arrest and place
of arrest to the person nominated by the
arrested person
Search the arrested person and place
articles found upon him in safe custody
after preparing a recovery memo
Seize weapons if any and forward it to court
Cause medical examination of the arrested
person if necessary
Send a report of the arrest to the District
Magistrate Not release the arrested person
except on bail or on orders of Magistrate.
RIGHTS OF ARRESTED PERSON
Right to know the ground of arrest-Sec.50(1)
Right to be taken before a Magistrate
without delay-Sec.76.
Person arrested not to be detained more
than 24 hours-(sec.57).
Right to consult a legal practitioner.Sec 303.
Information regarding arrest and place of
arrest to be given to one of his friends,
relatives or other person
Information regarding right to be released
on bail-Sec.50(2).
 Constitution of India
Article 22 of Constitution of India deals
with Protection against arrest and
detention in certain cases.
(1) No person who is arrested shall be
detained in custody without being informed,
as soon as may be, of the grounds for such
arrest nor shall he be denied the right to
consult, and to be defended by, a legal
practitioner of his choice.
 Constitution of India
(2) Every person who is arrested and
detained in custody shall be
produced before the nearest
magistrate within a period of twenty-
four hours of such arrest excluding
the time necessary for the journey
from the place of arrest to the court
of the magistrate and no such person
shall be detained in custody beyond
the said period without the authority
How to make an arrest (Sec. 46)

No woman shall be arrested

after sunset and before sunrise
and where such exceptional
circumstances exist, the woman
police officer shall, by mailing a
written report, obtain the prior
permission of the Judicial
Magistrate of the First Class
within whose local jurisdiction
the offence is committed or the
 PROCEDURE FOR ARREST

Joginder Kumar v. State of Uttar Pradesh

(1994 AIR1349, 1994 SCC (4) 260)

The honorable Supreme Court of India raised similar concerns

and commented upon the same in the case of Joginder Kumar
v. State of Uttar Pradesh in the following words,
The horizon of human rights is expanding. At the same, the
crime rate is also increasing The law of arrest is one of
balancing individual rights, liberties and privileges on one
hand, and individual duties, obligations and responsibilities
on the other; of weighing and balancing the right, liberties
and privileges of the single individual and those of individuals
collectively; of simply deciding what is wanted and where to
put the weight and the emphasis of deciding which comes
first the criminal or the society, the law violator or the law
abiders
 SEARCH
In criminal law, search means
examination of a persons body,
property or other area which the
person would reasonably be
expected to consider as private by a
law enforcement officer for finding
evidence of a crime.
 SEARCH

WITHO
WITH UT
WARRA WARRA
NT NT

SEC 94 -SEARCH OF
PLACE SUSPECTED TO
SEARCH BY POLIC OFFICER
CONTAIN STOLEN
DURING INVESTIGATION
PROPERTY, FORGED
OR MAGISTRATE MAY
DOCUMENTS, ETC .AND
DIRECT SEARCH IN HIS
SEC97-PERSON
PRESENCE.
WRONGFULLY CONFINED.
Summons to produce document or other thing (Sec.91)

Whenever any Court or any officer in

charge of a police station considers
that the production of any document
or other thing is necessary or
desirable for the purposes of any
investigation, inquiry, trial or other
proceeding under this Code by or
before such Court or officer, such
Court may issue a summons, or such
officer a written order, to the person
in whose possession or power such
document or thing is believed to be,
 Procedure as to letters and
telegrams (Sec.92)
If any document, parcel or thing in the
custody of a postal or telegraph authority
is, in the opinion of the District Magistrate,
Chief Judicial Magistrate, Court of Session
or High Court wanted for the purpose of
any investigation, inquiry, trial or other
proceeding under this Code, such
Magistrate or Court may require the postal
or telegraph authority, as the case may be,
to deliver the document, parcel or thing to
such person as the Magistrate or Court
directs
When search-warrant may be
issued(Sec.93)
Where any Court has reason to believe that a person
to whom a summons or order under section 91 or a
requisition under sub-section (1) of section 92 has
been, or might be, addressed, will not or would not
produce the document or thing as required by such
summons or requisition, or
(b) where such document or thing is not known to the
Court to be in the possession of any person, or
(c) where the Court considers that the purposes of any
inquiry, trial or other proceeding under this Code will be
served by a general search or inspection, it may issue a
search warrant; and the person to whom such warrant
is directed, may search or inspect in accordance
therewith and the provisions hereinafter contained
 Search of place suspected to
contain stolen property,
forged documents, etc
( Sec.94)
(1) If a District Magistrate, Sub-
divisional Magistrate or Magistrate of
the first class, upon information and
after such inquiry as he thinks
necessary, has reason to believe that
any place is used for the deposit or
sale of stolen property, or for the
deposit, sale or production of any
objectionable article to which this
section applies, or that any such
objectionable article is deposited in
Search for persons wrongfully confined (Sec.97)

If any District Magistrate, Sub-divisional

Magistrate or Magistrate of the first class has
reason to believe that any person is confined
under such circumstances that the confinement
amounts to an offence, he may issue, a search-
warrant, and the person to whom such warrant
is directed may search for the person so
confined; and such search shall be made in
accordance therewith, and the person, if found,
shall be immediately taken before a Magistrate,
who shall make such order as in the
circumstances of the case seems proper .
Search of a person (Woman in
particular) [Sec. 51(2)]
(2) Whenever it is necessary to cause a
female to be searched, the search shall be
made by another female with strict regard
to decency
Sub-section 2 provides that whenever
necessary, a female must be searched by
another female only. Further emphasis on
decency again reflects the outlook of the
legislature and how it intends to make the
criminal procedure more comfortable and
assured for women.
Similar emphasis can also been seen
when a woman is to be searched by a police
officer or a person, under a warrant, on
being reasonably suspected of concealing
about his person any article for which
search should be made. Sec. 100 (3) again
 FIR(SECTION 154)

FIR is not define in the Code of Criminal

Procedure,1973
It is an information which is given to the
police office;
Information must related to cognizable
offence;
It is an information first in point of time;
It is on the basis of this information that
investigation into the offence commences.
 REMAND
Remand to be granted in cases of real necessity-
Ordinarily when an investigation is incomplete the
proper course is for the accused person to be sent up
promptly with such evidence as has been obtained and
for the trial to be commenced at once by the
Magistrate and proceeded with, as far as possible and
then adjourned for further evidence. In the opinion of
the High Court a remand to Police custody ought only
to be granted in cases of real necessity and when it is
shown in the application that there is good reason to
believe that the accused can point out properly or
otherwise assist the Police in elucidating the case.
 ANTICIPATORYA BAIL(SEC.438)
Bail in anticipation of arrest
Extraordinary in character and given only
in exceptional cases
It appears that a person might be falsely
implicated, or frivolous case might be
launched against him
Requirement -(a)Reason to believe
(b)arrest must be in respect of a non-
bailable offence;
By High court or Session Court
 Meaning of Bail

Bail, in law, means procurement of release from prison of a

person awaiting trial or an appeal, by the deposit of security
to ensure his submission at the required time to legal
authority. The monetary value of the security, known also as
the bail, or, more accurately, the bail bond, is set by the
court having jurisdiction over the prisoner. The security may
be cash, the papers giving title to property, or the bond of
private persons of means or of a professional bondsman or
bonding company. Failure of the person released on bail to
surrender himself at the appointed time results in forfeiture
of the security. The law lexicon[1] defines bail as the security
for the appearance of the accused person on which he is
released pending trial or investigation.
What is the difference between bail and police bond?

Any person arrested and taken to a police station for

breaking the law may be released until the police
completes its findings. The guarantee that he or she will
turn up whenever required to do so by the police is known
as police bond. No money is paid on police bond.
If a police officer asks for money to release one on bond,
report the officer to higher police authorities. Whereas bail
is release of an accused person by court before completion
of the case on the understanding that the released person
will turn up for his or her trial or whenever required.
The accused will be required to give security inform of cash
or some other property.
 Major factors in
determining Bail
It has been stated that the factors to be taken into
consideration in determining the amount of bail are:
(1) ability of the accused to give bail,
(2) nature of offense,
(3) penalty for the offense charged,
(4) character and reputation of the accused,
(5) health of the accused,
(6) character and strength of the evidence,
(7) probability of the accused appearing at trial,
(8) forfeiture of other bonds, and
(9) whether the accused was a fugitive from justice
when arrested.
 Preventive Detention

Preventive detention is an action taken on

grounds of suspicion that some wrong actions
may be done by the person concerned.
Preventive detention can however be made
only on four grounds. The grounds for
Preventive detention are
security of the state,
maintenance of public order,
maintenance of supplies and essential
services and defence,
foreign affair.
 EVIDENCE
The word ,evidence is derived from the Latin word
evidens or evidere, which means to show clearly; to
make clear to the sight; to discover clearly; to make
plainly certain; to ascertain; to prove.
The main principle which underlie the law of
evidence are-
(1) evidence must be confined to the matter in issue;
(2) hearsay evidence must not be admitted; and
(3) best evidence must be given in all cases.
The law of evidence is part of the law of procedure,
i.e. the procedure court has to follow.
The law of evidence is the same in civil and criminal
proceedings
 Evidence

"Evidence" means and includes--

(1) all statements which the Court permits or
requires to be made before it by witnesses, in
relation to matters of fact under inquiry; such
statements are called oral evidence;
(2) all documents produced for the inspection
of the Court; such documents are called
documentary evidence.
 FACT
Fact - Fact means and includes:

(1) Anything, state of things, or relation of things, capable of being perceived by
the senses;

(2) Any mental conditions of which any person is conscious.

Illustrations

(a) That there are certain objects arranged in a certain order in a certain place, is a
fact.

(b) That a man heard or saw something is a fact.
(c) That a man said certain words is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith of
fraudulently, or uses a particular word in a particular sense, or is or was at specified
time conscious of a particular sensation, is a fact.

(e) That a man has a certain reputation is a fact.
 The Juvenile Justice (Care and
Protection of Children) Act, 2000.
The primary legal framework for juvenile
justice in India. The Act provides for a
special approach towards the prevention
and treatment of juvenile delinquency and
provides a framework for the protection,
treatment and rehabilitation of children in
the purview of the juvenile justice system.
This law, brought in compliance of the 1989
UN Convention on the Rights of the Child
(UNCRC).
Causes
broken homes (family)
poor housing conditions
friends influence
exclusion
violence on TV, radio
and Internet
 Ad hoc
ad hoc
"for this purpose only." Thus, an ad hoc
committee is formed for a specific
purpose, usually appointed to solve a
particular problem. Example: An ad hoc
attorney is one hired to handle one
problem only and often is a specialist in a
particular area or considered especially
able to argue a key point.
 Amicus curiae
Literally means "friend of the court.
An impartial adviser to a court of law in a
particular case.
 Alibi
Claim or piece of evidence that one
was elsewhere when an act, typically
a criminal one, is alleged to have
taken place.
A form of defense whereby a
defendant attempts to prove that he
or she was elsewhere when the crime
in question was committed.
 Alibi
Alibi is the defines taken by the accused
It means that he was physically not
present at the time of scene of offence by
reason of his presence at another place.
defence of alibi is not generally accepted
unless backed by strong and solid
evidence.
In Jayantibhai Bhenkarbhai v. State of
Gujarat, (2002) 8 SCC 165.
 Ad Valorem
Ad Valorem-According to value. The
term ad valorem is derived from the
Latin ad valentiam, meaning "to the
value."
 Arbitration
Arbitration is a proceeding in which
a dispute is resolved by an impartial
adjudicator whose decision the
parties to the dispute have agreed,
or legislation has decreed, will be
final and binding.
 Cohabitation
Cohabitation is generally defined as
two people living together as if a
married couple.
The Court ordered dissolution of a
marriage by decree of divorce on the
ground of non-cohabitation of the
parties
 BIGAMY
Second marriage during the subsistence of
the first marriage is illegal in India and the
relationship arising from the same does not
have any validity.
One of the conditions for a valid marriage
under Section 5 of the Hindu Marriage Act,
1955 is that neither of the party should have
a spouse living at the time of the marriage.
Under Section 11 of the Act, second
marriages can be declared null and void.
 BIGAMY
Bigamy becomes an offence only if the
husband or wife is alive. It is an offence
even if it is performed with the consent of
the first wife.
It will not apply,
if the husband or wife of the first marriage
is dead or
if the first marriage has been dissolved by a
decree of divorce or the former marriage is
void or declared void by a decree of nullity
 Bigamy shall not apply
if:

the first husband or wife is dead, or

the first marriage has been declared void by the
Court of competent jurisdiction, or
the first marriage has been dissolved by divorce, or
the first spouse has been absent or not heard of
continually for a space of seven years. The party
marrying must inform the person with whom he or
she marries of this fact.
 Religious Conversion for contacting second is also bigamy?

In Sarla Mudgal v. Union of India

(1995 AIR 1531 SC), the Supreme
Court held that a man who has
adopted Islam and renounced Hindu
religion, marries again without taking
divorce from the first wife, then such
marriage is not legal. The person
shall be punished for committing
bigamy under section 494 of Indian
Penal Code (IPC).
Documentary evidence:

Documentary evidence is defined in the Act

as: All documents produced for the inspection
of the court. The purpose of producing
document, is to rely upon the truth of the
statement contained therein .This involves,
When the document produced in the court,
the examination of three questions: (i) is the
document genuine, (ii) what are its contents,
and (iii) are the statement in the document
true?
 THE PROBATION OF OFFENDERS ACT, 1958

Offence punishable with imprisonment for not more

than two years, or with fine, or with both, under the
Indian Penal Code, or any other law, and no previous
conviction is proved against him and the court by which
the person is found guilty is of opinion that, having
regard to the circumstances of the case including the
nature of the offence, and the character of the
offender, it is expedient so to do, then, notwithstanding
anything contained in any other law for the time being
in force, the court may, instead of sentencing him to
any punishment or releasing him on probation .
Difference between parole and probation

Parole is supervision that begins

after a person's release from prison
or jail after serving part of a
sentence. Parole is a privilege, not a
right.
Probation is a sentence that a judge
can give instead of jail or in addition
to jail or prison time.
 Bona Fide
Authentic,genuine,real and true.
without intention to deceive.
The court will assume that they have
acted bona fide.
 Onus probandi
Section 101 in The Indian Evidence Act, 1872
Burden of proof.Whoever desires any Court to give
judgment as to any legal right or liability dependent on
the existence of facts which he asserts, must prove that
those facts exist.
When a person to prove the existence of any fact, it is
said that the burden of proof lies on that person.
Illustrations (a) A desires a Court to give judgment that B
shall be punished for a crime which A says B has
committed. A must prove that B has committed the
crime.
Actori incumbit onus probandi - The burden of proof
lies on the plaintiff.
 Exceptions

Exception 1 - The general rule in criminal cases is

that the accused is presumed innocent. It is the
prosecution who is required to establish the guilt of the
accused without any doubt. At the same time, the
accused is not required to prove his innocence without
any doubt but only has to create reasonable doubt that
he may not be guilty.
Section 105- Specifies an exception to this general
rule. When an accused claims the benefit of the
General Exception clauses of IPC, the burden of proving
that he is entitled to such benefit is upon him. For
example, if an accused claims the benefit of insanity in
a murder trial, it is up to the accused to prove that he
was insane at the time of committing the crime.
 Exceptions

Exception 3 - Presumptions - Court presumes the

existence of certain things. For example
Section 113B, when the question is whether a person has
committed the dowry death of a woman and it is shown that
soon before her death such woman had been subjected by
such person to cruelty or harassment for, or in connection
with, any demand for dowry, the court shall presume that
such person had caused the dowry death. law presumes the
legitimacy of children born in wedlock. It is the duty of person
denying legitimacy to prove the allegation.
Law presumes the legitimacy of children born in wedlock. It is
the duty of person denying legitimacy to prove the allegation.
Actus personalis moritur cum persona

A personal action dies with the

person.
 Punishments
Elements of Punishment

Infliction of pain or unpleasant

consequences
Prescribed by law
Administered in accordance with
procedure
By the State
Two dimensions to punishment:
Purposes that justify the punishment
Proportionality of the nature and quantum
of punishment in relation to the nature and
seriousness of the crime
 Theories of punishment
Retribution - to gratify the instinct of
revenge or retaliation, which exists not
merely in the individual wronged, but
also in the society at large. Retribute
means to give in return. The objective of
the theory is to make the offender realise
the suffering or the pain. Majority or
Jurists, Criminologists, Penologists and
Sociologists do not support this theory as
they feel it is brutal and barbaric.
 Theories of punishment
contd....
Deterrence- to prevent the wrong doer from
doing a wrong the second time and also to
make him an example to other persons, who
have criminal tendencies.
'Deter' means to abstain from doing at act.
The main objective of this theory is to deter
(prevent) crimes. It serves a warning to the
offender not to repeat the crime in the
future and also to other evil-minded persons
in the society. This theory is a workable one
even though it has a few defects.
 Theories of punishment
contd....
Preventive to prevent the
offender from offending again in
future by disabling him. The idea
behind this theory is to keep the
offender away from the society.
Example- imprisonment of life
etc.
 Theories of punishment
contd....
Reformative to reform the offender and by giving
some vocational training in art, craft or industry,
enabling him to lead a good life and become a
respectable citizen of society after release.
objective is to reform the behavior of the criminals.
The idea behind this theory is that no one is born as
a Criminal. The criminal is a product of the social,
economic and environmental conditions. It is
believed that if the criminals are educated and
trained, they can be made competent to behave well
in the society. The Reformative theory is proved to
be successful in cases of young offenders.
 Punishments under Indian Penal
Code
Death
Imprisonment for life
Imprisonment ,rigorous or
simple
Forfeiture of property
Fine
 Questions
Qus.1.What is the meaning and
objective of the Maxim-Ignorantia
facit excusat, ignorantia juris non
excusat?

Qus.2.What do you mean by Doli-

incapax ?Can a person of 8 year be
held liable for criminal conspiracy?
 What is BENCH?

A seat of judgment or tribunal

for the administration of justice;
the seat occupied by judges in
courts; also the court itself or
the aggregate of the judges
composing a court, as in the
phrase before the full bench.
(Black's Law Dictionary)
 Full Bench - What is the meaning to full bench in court
language ?

Full Bench in High Courts

comprises of Three or more
Judges hearing a case and giving
independent judgment if their
opinion differs or collective
judgment if their opinion agrees.
Recently such Full Bench
Judgment was delivered by Three
Allahabad High Court Judges in
Ram Janma Boomi case.
 Binding effect of
judgments
As general rule a decision of Bench consisting
of larger number of Judges prevails over the
decision rendered by a Bench of lesser
number of Judges. Even in a case where there
may be a later decision but a decision
rendered earlier on the point by a Bench
consisting larger number of Judges have the
binding effect. AIR 1974 S.C. 1596, Muttulal v.
Radhe's Lal, AIR '1976 SC 2433, Union of India
and another v,K.S. Subramanian, (1995) 1
SCC 58, Commissioner Sales Tax J & K and
Ors. v. Pine Chemicals Ltd. & others.
 Precedent
A principle of Jurisprudence or
policy of Courts
by which
the Courts and Authorities
are required to follow
a rule of law
established previously in cases
involving similar issue.
 Precedent
An important feature of the
administration of justice is that 'like
cases should be decided alike', to
avoid any kind of discrimination in
the matter of application of laws in
similar cases, though may be
decided by different Courts in any
part of a State or the country. It is
possible only through binding
judicial pronouncements.
 Precedent
As a matter of public policy, it is also
important that there must be some
degree of certainty in the laws so that
people may conduct their affairs and plan
their future accordingly. In one of the
decisions reported In AIR 1968 Alld. 100,
Ram Manohar Lohia and others v. State
of U.P. and others, it has been observed
that it is necessary to maintain judicial
uniformity and judicial discipline.
Precedents maintain judicial uniformity .
 Precedent
The observation of Lord Denning as quoted in AIR
1985 S.C. 1585, Distributors v. Union of India, is:
The doctrine of precedent does not compel your
lordship to follow the wrong path until you fall over
the edge the cliff." The gist of the matter seems to
be that as far as possible within a reasonable limits
a view which is coming down since long may be
adhered to in the interest of public of predictability
and certainty of law but as observed by the
Supreme Court also it cannot stretched beyond a
limit of rigidity. An obviously wrong Judgment
against the law, cannot be protected either by
doctrine of binding precedents nor stare decisis.
 Persuasive Value
So far decisions of High Courts are
concerned, they have binding effect
within the State and the decisions of the
High Courts of other States have on
persuasive force. The High Court while
deciding a matter, if faced with
decisions of its own High Court of co-
equal number of Judges, taking
irreconcilable view on the point the
proper course is to refer the matter to
larger Bench.
Stare decisis
A principle of
long recognition
becomes
stare decisis
 Ratio decidendi
It refers to
the rule of law
established
in a particular case.
 Obiter dictum
It refers to the
incidental findings
of the Court on various
legal issues arising during
the arguments for
arriving at the final
judgments.
 Obiter dicta of the
Supreme Court
Obiter dicta of the Supreme Court is binding on all
Courts. This we find in AIR 1959 SC 814, The
Commissioner of Income Tax, Hyderabad,Deccan v.
Mls Vazir Sultan and sons, AIR 1975 S.C. 1087,
Municipal Committee, Amritsar v. Hazara Singh, AIR
1969 Allahabad 304 (FB), Chobey Sunder Lal v.Sonu
alias Sonpal and another, AIR 1989 Delhi 193(FB),
D.C.M. Limited v. Union of India and others, AIR 1960
Allahabad 672, Union of India v. Firm Ram Gopal
Hukum Chand and others, and AIR 1967 Rajas than 1,
Radha Kishan v. State of Rajasthan and others.
It has been observed that judicial uniformity and
judicial discipline require that courts must also follow
the obiter dicta of the Supreme Court.
 Abandonment

The surrender, relinquishment,

disclaimer, or cession of property or
of rights. Voluntary relinquishment of
all right, title, claim, and possession,
with the intention of not reclaiming
it.
 Elements of Abandonment

Two things must occur for property to be abandoned: (1) an act by the owner
that clearly shows that he or she has given up rights to the property; and (2)
an intention that demonstrates that the owner has knowingly relinquished
control over it.
Some clear action must be taken to indicate that the owner no longer wants his
or her property. Any act is sufficient as long as the property is left free and
open to anyone who comes along to claim it. Inactionthat is, failure to do
something with the property or nonuse of itis not enough to demonstrate
that the owner has relinquished rights to the property, even if such nonuse has
gone on for a number of years. A farmer's failure to cultivate his or her land or
a quarry owner's failure to take stone from his or her quarry, for example, does
not mean that either person has abandoned interest in the property.
A person's intention to abandon his or her property may be established by
express language to that effect or it may be implied from the circumstances
surrounding the owner's treatment of the property, such as leaving it
unguarded in a place easily accessible to the public. The passage of time,
although not an element of abandonment, may illustrate a person's intention
to abandon his or her property.
 ARVIND NATH TRIPATHI
DSNLU
Email-arvind.nath.tripathi@gmail.co
m
CELL NO-08688665173 (24 hour help
Line Number)